SUB-05-07 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Preliminary Plat of Pine Valley )
Estates, in the R-3 District; ) FINDINGS OF FACT,
Applicant: LewRad Development, LLC ) CONCLUSIONS OF LAW,
File No. SUB-05-07 ) AND DECISION
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, in the R-3 zoning district.
Summary of Decision: Approve preliminary plat, subject to conditions of approval. The
preliminary plat will expire on March 14, 2013. An application to request an extension of time for
the preliminary plat must be submitted at least 30 days prior to the expiration date.
II. FINDINGS OF FACT
1. The application seeks approval of the preliminary plat of Pine Valley Estates, to subdivide a
3.73-acre parcel of land into 18 lots for single-family dwellings; in the Single-family Residential
(R-3) district.
2. The site is located along the north side of Boone Avenue, directly northeast of its
intersection with Perrine Road, and approximately 950 feet west of its intersection with Pines
Road. The property is situated in the NE 1/4 of Section 16, Township 25 N, Range 44 EWM of
Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45161.0623, addressed
at 11921 E. Boone Avenue, and legally described on the preliminary plat map of record.
4. The applicant is LewRad Development, LLC;which is addressed at 12402 N. Division
Street, Suite 244, Spokane, Washington 99218-1930. The site owner is Radezky Properties
WE1, LLC; at the same address.
5. On September 18, 2007, the applicant submitted a combined application to rezone the site
from the UR-3.5 zone to the UR-7* zone, under the City Interim Zoning Code and City Phase I
Development Regulations; and for approval of a preliminary plat, to divide the site into 18 lots for
single-family dwellings under the City Interim Subdivision Ordinance, in the UR-7* zone.
6. On September 26, 2007, the City Community Development Department-Planning Division
("City Planning Division") found that the application did not meet the requirements for a complete
application, because building setbacks were not illustrated on the preliminary plat map.
7. On October 4, 2007, the applicant submitted a revised preliminary plat map. On October
10, 2007, the City Planning Division issued a determination of completeness for the application.
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1 8. On October 28, 2007, the City expanded and re-codified its Uniform Development Code
(UDC), as part of Titles 17-24 of the Spokane Valley Municipal Code (SVMC). The revised
UDC "UDC") replaced the City Interim Zoning Code, Interim Subdivision Ordinance, City Phase
I Development Regulations, and most of the other City development regulations in place at the
time.
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9. On October 28, 2007, the City adopted new zoning maps throughout the city to implement
the UDC. Such action reclassified the zoning of the site and neighboring land from the UR-3.5
zone of the City Interim Zoning Code to the Single-Family Residential (R-3) district of the UDC.
10. On November 29, 2007, the applicant withdrew the rezone request; after being advised by
the City Planning Division that the proposed rezone to the UR-7* zone could not be processed,
because of the adoption of the UDC. The applicant agreed to process the preliminary plat
application under the R-3 district of the UDC.
11. On November 30, 2007, the Spokane Valley Department of Community Development
issued a Determination of Nonsignificance (DNS) for the preliminary plat application, as revised.
The DNS was not appealed.
12. On January 17, 2008, the Hearing Examiner held a public hearing on the application. The
notice requirements for the public hearing were met. The Examiner conducted a site visit on
January 16, 2008.
13. The following persons testified at the public hearing:
Micki Hamois, Associate Planner Greg McCormick
City of Spokane Valley Community City of Spokane Valley Community
Development Department, Planning Division Development Department, Planning Division
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
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Phyllis Moss Brian Cook
11822 E. Boone 13516 E. Boone ,
Spokane Valley, WA 99206 Spokane Valley, WA 99216
John Arsenault Mamdouh El-Aurag
I ;
11915 E. Boone 9702 W. Masters Lane
Spokane Valley, WA 99206 Cheney, WA 99004
14. At the conclusion of the hearing, the Examiner left the record open to allow the applicant to
submit a revised preliminary plat map, to address the Examiner's concern that the proposed
private roads in the preliminary plat were improperly included in the boundaries of the proposed ,
lots. On February 13, 2008, the applicant submitted a revised preliminary plat map that corrected r
the deficiencies.
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15. The Hearing Examiner heard the proposal pursuant to Chapter 18.20 of the UDC, and the
City Hearing Examiner Rules of Procedure.
16. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
UDC and Municipal Code; other applicable development regulations; and prior land use decisions
in the vicinity.
17. The record includes the documents in the application file at the time of the public hearing,
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the documents and testimony submitted at the public hearing, the preliminary plat map of record
submitted after the hearing on February 13, 2008, and the items taken notice of by the Examiner.
18. The site is approximately 3.73 acres in size, L-shaped, and relatively flat in topography.
Some existing fencing is found along or near the borders of the property.
19. The southeast end of the site is improved with a single-family residence, detached garage
and a chicken barn/shop, and is vegetated with residential landscaping, shrubs and deciduous and
evergreen trees. The remainder of the site is clear and vegetated primarily with pasture grasses.
20. The preliminary plat map of record submitted on February 11, 2008 illustrates 18 single-
family lots; which range in size from 7,500 square feet to 11,114 square feet in size, and have an
average lot size of approximately 7,940 square feet. The applicant proposes to remove the
outbuildings on the site for future site development, and to leave the existing residence in place.
21. The preliminary plat illustrates a right of way dedication of 2.5 feet for Boone Avenue. The
density(net) of the preliminary plat, taking into the account the acreage in the preliminary plat
reserved for private roads and public road dedication, is approximately 5.5 dwelling units per
acre.
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22. The preliminary plat map illustrates a private street system that connects to Boone Avenue,
has two (2) private driveways that serve two (2) lots each, and has a hammerhead turnaround in
the northwest corner of the site. The map shows the cross sections for the 20-foot and 24-foot
wide private roads in the preliminary plat, and the 20-foot wide driveways. The private roads do
not include sidewalks.
23. The site and nearby land are designated in the Low Density Residential category of the City
Comprehensive Plan, and zoned R-3; except as indicated below.
24. Several acres of land lying approximately 150 feet east of the site are designated in the High
Density Residential category, and zoned Multi-family High Density Residential(MF-2). Five (5)
urban sized lots located south of the site and Boone Avenue are zoned Single-family Residential
Urban (R-4). A 1.6-acre parcel located 330 feet west of the site is zoned R-4.
25. The land located along Pines Road(State Route No. 27) to the east is designated in the
Office category of the Comprehensive Plan, and zoned Office (0).
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26. Nearby land uses generally consist of single-family residences. Some duplexes are found in.
the R-4 district located to the west. Multi-family, office and retail uses dominate the land located
along Mission Avenue to the northeast, and Pines Road to the east.
27. The City Arterial Road Plan designates Boone Avenue as a proposed Collector; and Mission
Avenue, Bowdish Road and Broadway Avenue in the area as Minor Arterials. Such arterials have
at least three (3) lanes, including center turn lanes.
28. Sinto Avenue terminates in a partial cul-de-sac approximately 250 feet west of the site; and
also has a one-half(1/2) right of way that abuts the east 30 feet of the site on the north, and
continues to the east for nearly 300 feet.
29. Pines Road (SR-27) is a state highway that is improved to five (5) lanes, including center
turn lane. Pines Road is signalized at its intersection with Broadway Avenue and Mission
Avenue, and Bowdish Road is signalized at its intersection with Broadway Avenue. Pines Road
has a freeway interchange with Interstate 90 immediately north of Mission Avenue.
30. Some neighboring property owners expressed opposition to the project. This included
Phyllis Moss, who resides on a .8-acre parcel located along the south side of Boone Avenue
directly southwest of the site; Brian Cook, who is building a house for resale on a 10,500-square
foot lot that lies 77 feet southwest of the north portion of the site and accesses Boone Avenue;
and Dale and Natalie Tenny, who reside on a .5-acre lot that abuts the north end of the site on the
west, and accesses Sinto Avenue to the west through a driveway.
31. The above owners expressed concerns regarding increased traffic on Boone Avenue,
increased congestion at the intersection of Boone and Pines Road, speeding along Boone Avenue,
and the difficulty of backing onto Boone Avenue; the inadequacy of private roads in the project
for traffic, parking, pedestrian access and garbage pick-up; lot sizes, housing density, aesthetics
and im p acts on property values; and other concerns.
32. The R-3 district of the UDC is intended to implement the Low Density Residential category
of the Comprehensive Plan, and preserve the character of existing development in accordance v`
with the dimensional standards required by the district.
33. The preliminary plat complies with the minimum lot area per dwelling unit of 7,500 square
feet, minimum lot width of 65 feet, and minimum lot depth of 90 feet required in the R-3 district.
The future housing in the project would be required to comply with the minimum setbacks of the
R-3 district.
34. The R-3 district does not require the establishment of perimeter fencing as a buffer to
adjacent property that may be developed at a lower residential density or in a less intense zoning
district.
35. The definition of"lot", "lot area", "lot line, front" and"frontage" in Appendix A
(Definitions) of the UDC make clear that a private or public street is not part of a"lot" or "lot
area". The preliminary plat map of record properly excludes the private street rights of way in the
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preliminary plat from the respective lot boundaries and areas. Private driveways that cross lot
boundaries, and utility easements, are easements that do not need to be excluded from lot
boundaries.
36. The Low Density Residential category of the Comprehensive Plan contemplates residential
densities ranging from 1-6 dwelling units per acre, with the majority of such designation intended
for densities ranging from 4-6 dwelling units per acre. The R-1, R-2, R-3 and R-4 districts of the
UDC are intended to implement such category.
37. Policies LUP-1.1 and NP-2.1 of the Comprehensive Plan recommend that the character of
existing and future residential neighborhoods be maintained and protected through the
development and enforcement of the City's land use regulations and joint planning.
38. Policy LUG-15.1 of the Comprehensive Plan recommends that archaeological and historic
sites be continually identified and evaluated to determine which should be preserved. Policy LUP-
15.3 recommends that relations with Native American tribes be established and maintained for the
preservation of archaeological sites and traditional cultural properties.
39. Policies LUP-1.4 and LUP-2.3 of the Comprehensive Plan encourage the development of
transportation routes and facilities to serve residential neighborhoods; with special attention given
to pedestrian circulation, biking and transit uses.
40. Policy LUP-16.1 of the Comprehensive Plan encourages new developments to be arranged
in a pattern of connecting streets and blocks to allow people to get around easily by foot, bicycle
and car.
41. Policy LUP-16.3 of the Comprehensive Plan recommends that adequate emergency
evacuation routes be required prior to approving new development.
42. Policy TP-2.1 of the Comprehensive Plan recommends that street designs complement
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adjacent development. Policy TP-2.2 discourages private roads as a principal means of access to
developments, and recommends that private roads be designed and constructed to public street
standards.
43. Policy TP-4.1 3 of the Comprehensive Plan recommends that high-speed traffic be restricted
from residential neighborhoods, and utilizing traffic calming strategies to reduce vehicular speeds '!
where appropriate.
44. Policies TP-9.8 and TP-9.2 of the Comprehensive Plan recommend that pedestrian facilities
such as sidewalks be required in all new developments, and that sidewalks be provided on both
side of arterial streets as funding allows. Policy TP-9.9 recommends reducing obstructions and
conflicts between bicycle/pedestrian facilities and vehicular transportation routes.
45. Policy NEP-20.5 of the Comprehensive Plan recommends that streets in new development
be paved, to mitigate adverse impacts on air quality.
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46. Policy NEP-19.1 of the Comprehensive Plan recommends that the impacts of a development
proposal on surface water quality be considered before development is approved; and indicates
that conditioning proposals may be necessary to protect water quality, manage runoff and address
erosion control and sedimentation.
47. Policy CFP-8.2 of the Comprehensive Plan recommends that the adequacy of school
facilities be considered when reviewing new residential development.
48. Policy CF-9.1 of the Comprehensive Plan recommends a concurrency management system
for transportation, sewer and water facilities.
49. The Staff Report did not analyze the consistency of the application with the policies of the
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Comprehensive Plan. The Staff Report also referenced the project's compliance with the City
Interim Subdivision Ordinance and City Interim Zoning Code, which have been repealed and do
not apply to the application. The Staff Report properly referenced the compliance of the
application with the UDC and other current development regulations.
50. The guidelines set forth in the 2001 City Standards for Road and Sewer Construction ("City
Road Standar
ds"
), for designing
new development, recommend the provision of adequate
vehicular and pedestrian access to all parcels of land, minimizing through traffic movements and
excessive speeds on local access streets, logical street patterns, minimizing vehicular and
pedestrian-vehicular conflict points, considering traffic generators in designing a street system in a
proposed development, and considering bordering arterial routes.
51. The City Road Standards require the construction of curb, gutter and separated sidewalk
along the frontage of new developments within urban land use zones.
52. The City Road Standards also establish standards for the construction of new access roads,
and the reconstruction of existing access roads; and give the City Engineer discretion in
prescribing the actual roadway section required based on a number of factors, and approving
design deviations in appropriate circumstances. See Road Standards, Chapter 3.
53. The City Engineering conditions of a pp roval for the project require the a pp licant to install
frontage improvements along Boone Avenue to a Collector street standard, including additional
asphalt, curb and sidewalk.
54. The City Engineering conditions of approval require street plans for the final plat to be in
conformance with the City Road Standards, the internal street layout in the final plat to be
coordinated with City Engineering, and the construction of an appropriate approach at the
intersection of the private street system in the project with Boone Avenue.
55. The City Road Standards do not require the installation of sidewalks along private streets,
allow private driveways to provide access to a maximum of three (3) lots, require a private road
serving 3-6 lots to be improved to a width of 20 feet, require a private road serving 7-20 lots to
be improved to a width of 24 feet, and require private roads in the City to be paved. The project,
as conditioned, complies with such requirements.
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56. The conditions of approval recommended by County Fire District I for the project require
that roads less than 26 feet wide, and fire district turnarounds, in the final plat be posted"No
parking" on both; but did not express any concerns regarding the project. The applicant indicated
at the public hearing that the private roads in the project would be so posted.
57. The UDC requires direct concurrency only for public sewer,, public water and
transportation. Direct concurrency is not required for schools, parks, police, fire or other items of
public infrastructure and services.
58. The applicant's engineer submitted a trip generation and distribution letter for the project on
September 17, 2007. The letter estimated that the project is expected to generate 18 PM peak
hour trips, 65% of the average daily vehicle trips (ADT) for the project would be to and from the
north via Pines Road and Interstate 90, 20% of the trips would be to and from the south via Pines
Road, and 15%would be to and from Bowdish Road.
59. The trip generation letter indicated that the ADT generated by the project represented
approximately .6% of the ADT for Pines Road and approximately .7% of the ADT for Bowdish
Road, the project would have little measurable impact on the local transportation system, and
further traffic analysis for the project was not warranted.
60. City Engineering accepted the traffic generation and distribution letter; did not require the
applicant to prepare a detailed traffic impact analysis (TIA) for the project, including a level of
service analysis regarding City road intersections in the area impacted by the project; determined
that sufficient roadway capacity exists for the project, or is programmed to exist with future road
improvements, on the r
p City streets stem to accommodate the uses and densities proposed; and
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certified in writing that the preliminary plat met the transportation concurrency requirements of
the UDC.
61. The issuance of a certificate of transportation concurrency represents a conclusion by City
Engineering that project opponents will not degrade the level of service (LOS) of City road
intersections to a failing LOS at the time of project build out. See Sections 22.20.020 and
22.20.080 of UDC, section 3.2.6 of Comprehensive Plan, and Table 4.3 on page 8 of
Comprehensive Plan.
62. The Staff Report, on page 6, recommends adoption of a condition of approval(i.e. City
Engineering condition#7) that requires the applicant to submit a trip generation and distribution
letter for the project. Since such letter has already been submitted, as referenced above, City
Engineering asked that such condition not be imposed. See email dated 11-7-07 from Henry
Allen to Micki Harnois. Accordingly, the condition should be eliminated as a condition of
approval.
63. Project opponents did not submit competent evidence of a traffic engineering nature that
would rebut the certificate of transportation concurrency issued by City Engineering, establish
that the project will have any significant adverse impact on the public transportation system in the
area, merit additional traffic analysis and mitigation, or justify denial of the project.
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64. County Utilities certified that public sewer is available to serve the project. Modern. Electric
Water Company, and County Fire District 1, certified that public water is available to serve the
project at required levels.
65. The conditions of approval recommended by the Spokane Regional Health District and
County Utilities require the preliminary plat to be served with public sewer and water. The
proposal meets the public sewer and water concurrency requirements of the UDC.
66. Central Valley School District submitted comments indicating that it may not have room for
the future students in the project, for homes occupied after the fall of 2008; and requested the
City to postpone approval of any homes that would be completed after such time fame until
additional school facilities are available, or to condition preliminary plat approval on the applicant
paying a per dwelling unit fee equal to the district's "eligibility for school impact fees".
67. Since the UDC does not require direct concurrency for the impacts of new development in
the City on public schools, the Examiner has no authority to condition or•deny the project based
on the comments received from the school district or the potential lack of school capacity.
68. The Spokane Tribe of Indians, and the State Department of Archaeology and Historic
Preservation(DHAP), recommended that professional archaeological surveys of the project area
be conducted prior to any ground disturbing activities, and that the applicant consult with the
tribe's cultural committees and staff regarding cultural issues.
69. The Spokane Tribe and the DHAP indicated that the site had the potential for discovery of
archaeological resources, but did not submit sufficient evidence of the presence of such resources
on the site or in the vicinity to base a requirement for an archaeological survey.
70. City Engineering accepted the conceptual drainage report submitted for the project, subject
to certain revisions being made in the final drainage plans submitted at the final plat stage. The
preliminary plat, as conditioned, will provide stormwater treatment and disposal in accordance
with the drainage requirements set forth in Chapter 22.150 of the UDC, and the County
Guidelines for Stormwater Management.
71. The design, shape, size and orientation of lots in the preliminary plat are appropriate for the
proposed use of such lots, and the zoning and land use classification identified in the Low Density
Residential category of the Comprehensive Plan. See Section 20.20.090 of UDC.
72. Block dimensions in the preliminary plat reflect due regard for the needs of convenient
access, public safety, connectivity, emergency vehicle access, topography, road maintenance, and
provision of suitable sites for the proposed use. Road alignments in the proposal are designed
with appropriate consideration for existing and planned roads, anticipated traffic patterns,
topographic and drainage conditions, safety and the proposed use of the site as divided. See
Section 20.20.090 of UDC.
73. The preliminary plat appears to comply with the other general design requirements set forth
in Section 20.20.090 of the UDC.
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74. Project opponents did not submit competent evidence that the project would have any
significant adverse effect on property values in the area, or on aesthetics. The uses, lot sizes and
lot dimensions in the preliminary plat comply with the R-3 district. The site is located within a
few blocks of duplexes, high density housing, offices and retail uses; is located on a future
Collector, and within a few blocks of a state highway and a public transit stop; and is served by a
high level of public services.
75. Except as indicated above, no public agencies objected to the project or its environmental
impacts; other than the comments submitted by the Spokane Tribe, the DHAP and Central.Valley
School District.
76. The preliminary plat has been conditioned for compliance with the R-3 district, the UDC,
and other applicable development regulations. The Staff Report found that the application
complied with the UDC and other applicable development regulations.
Based on the above findings of fact, the Hearing Examiner enters the following:
CONCLUSIONS OF LAW
1. RCW 36.70B.030 requires that a comprehensive plan and development regulations adopted
by local government under the State Growth Management Act (GMA) serve as the foundation for
project review; and that where standards for development are specified in local development
regulations, or in the absence of applicable development regulations, are addressed in a
comprehensive plan, such regulations, or the comprehensive plan, respectively, are determinative
of the standards of development for the land use action.
2. Under Washington case law, where the comprehensive plan of a local government conflicts
with zoning regulations or other development regulations, the zoning and other development
regulations are controlling.
3. Under Washington case law, community displeasure, standing alone, cannot be the basis for
denying a preliminary plat. Such views must relate to the approval criteria for the preliminary
plat.
4. Pursuant to RCW 36.70B.030, the Hearing Examiner cannot question the density(net), lot
sizes, lot frontages, lot configuration, or proposed land uses in the preliminary plat; since such
features of the preliminary plat comply with the development standards of the R-3 district and
UDC.
5. The preliminary plat complies with Chapter 21.20 (Concurrency) of the UDC.
6. The preliminary plat, as conditioned, complies with the R-3 district, zoning, subdivision and
other requirements for land development set forth in the UDC; and with other applicable
development code provisions.
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7. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive
Plan and will serve the public use and interest.
8. The preliminary plat and dedication, as conditioned, make appropriate provision for the
public health, safety and general welfare; for all other requirements found to be necessary and
appropriate and for which written standards and policies have been adopted; and for open spaces,
streets, alleys, drainage ways, schools and school grounds, playgrounds, parks and recreation,
sidewalks and other planning features for children who only walk to and from school, noise and
dust emissions, sanitary wastes and sewer, public potable water supplies, easements, utilities,
critical areas, and all other relevant facts as specified in RCW 58.17.110 and Section 20.20.100 of
the UDC.
9. The procedural requirements of the State Environmental.Policy Act and Title 21
(Environmental Controls) of the UDC have been met.
10. Minor changes are needed to the conditions of approval, for formatting and clarification
purposes.
11. Approval of the preliminary plat application, as conditioned, is appropriate under Title 20
(Subdivision Regulations) of the UDC and chapter 58.17 RCW.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a
preliminary plat is hereby approved, subject to the conditions of the various agencies specified
below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
Conditions of Approval:
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The final plat shall be designed substantially in conformance with the preliminary plat
map of record submitted on February 11, 2008, and shall have a maximum of eighteen (18)
residential lots and 18 dwelling units; unless a preliminary plat modification is approved
pursuant to Section 20.50 (Preliminary Plat, Short Plat, and Binding Site Plan Alterations) of
the City of Spokane Valley Uniform Development Code (UDC). E'
is
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2. Pursuant to Section 20.30.050 (Expiration of Preliminary Approval) of the UDC, the
preliminary plat in File No. SUB-05-07 (Pine Valley Estates) shall automatically expire on March
14, 2013, and become null and void; unless a time extension for preliminary plat approval is timely
submitted by the applicant and approved by the Director.
3. Pursuant to Section 20.30.060 (Extensions of Time) of the UDC, an application form and
supporting data for time extension requests must be submitted to the Director at least thirty (30)
calendar days prior to the expiration of preliminary plat apr oval.
4. Pursuant to Section 20.20.050 (Prohibition against sale, lease or transfer of property) of
the UDC, any sale, lease, or transfer of any lot or parcel created pursuant to the UDC that does
not conform to the requirements of the preliminary plat approval or that occurs without approval,
shall be considered a violation of chapter 58.17 RCW, and shall be restrained by injunctive action
and shall be illegal, as provided in chapter 58.17 RCW. Each sale, lease, or transfer of each
separate lot or parcel of land in violation of any provision of this ordinance shall be deemed a
separate and distinct offense.
5. The "applicant", as referenced in the conditions of approval below, shall be deemed to
include the owner of the site and the plat developer, and their successors in interest.
B. Prior to final plat approval, the applicant shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. Submit a final plat that complies with all the requirements specified in Section 20.40 of
the UDC.
2. Place the following statement in the final plat dedication: "All lots within this plat shall
comply with the building setback requirements, maximum building height standard, maximum lot <.
coverage standard and other applicable lot development standards for the R-3 zoning district or
successor zoning designation, to the extent permitted by Washington State law in effect at the
time of building permit application."
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3. Obtain and comply with permits to demolish the detached structures shown on proposed
Lot 2 of the preliminary plat map of record.
4. Submit an amended SEPA checklist with an engineered grading permit, addressing specific
questions relating to section B.l.a-h of the checklist. As an advisory, all work must comply with
Section 24.50 (Excavation, Fill and Grading) of the UDC.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
5. A Professional Engineer, licensed in the State of Washington, shall submit fmal street and
drainage plans and a drainage report, including calculations that conform to the 2001 Edition of
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the Spokane County Standards for Road and Sewer Construction(adopted by the City, or as
amended), Chapter 22.150 (Stormwater Management Regulations) of the (]DC, the 1998
Spokane County Guidelines for Stormwater Management (adopted by the City, or as amended),
and all other federal, state and local regulations.
6. Frontage improvements are required on Boone Avenue, which is designated as a Collector
street. Frontage improvements include eighteen and one half(18 V2) feet of asphalt width from
road centerline, Type B curb and gutter(2 feet), a 10-foot roadside swale, and a 5-foot sidewalk.
The total width of improvements is 35.5 feet. The current right-of-way width is 40 feet, and one-
half(%) the right-of-way is 20 feet. The minimum one-half('h) right-of-way width, which
extends to 2 feet behind the curb, is 22.5 feet.
7. A right-of-way dedication of 2.5 feet, and a border easement that extends from the right of
way to the back of the sidewalk, are also required for Boone Avenue, and shall be referenced in
the final plat dedication and illustrated on the final plat map. The right-of-way dedication and
border easement width was determined assuming that the center of the road coincides with the
center of the right-of-way. The applicant shall confirm the right-of-way location and width (s).
Note: the building setback begins at the edge of the border easement.
8. The internal street layout shall be coordinated with Development Engineering. Private
streets shall have an"Urban Driveway-Separated Sidewalk" approach or a"Cement Concrete
Approach", as applicable, where they connect to public streets. Full cul-de-sacs or hammerhead
turn-arounds need to be provided at the ends of the streets. The private street shall terminate
prior to the plat boundary.
9. The applicant is required to provide Street Name signs, Stop signs, pavement markings,
and all other necessary permanent traffic control measures for all newly created streets. The
location of the signs must be called out on the civil plans. The installation of the signs must be
completed prior to acceptance of the Construction Certification Package.
10. The applicant is responsible for arranging for all necessary utility adjustments, relocations,
or improvements as required for completion of the project. The applicant shall contact the
purveyors of each affected utility regarding private service, utility improvement, and any !j
relocation and adjustment costs. All rigid objects shall be located out of the clear zone. These
clear zone requirements can be found in the 2001 Spokane County Road and Sewer Standards, as
adopted by the City, or as amended.
11. For the installation of utilities in the Spokane Valley roadway system, the civil plans
submitted shall show the extent of pavement removal and replacement; a cross section which
shows existing lane width and replacement lane width, pavement thickness, top course thickness
and cross slope; profiles showing centerline, right and left edge of pavements (including grades
and changes in elevation of existing grades), and how the replaced roadway ties into the existing
roadway.
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12. A traffic control plan will be required for work within the right-of-way. The plan shall be
part of the civil submittal, and shall address all utility connections and potential lane closures
anticipated for construction of the project.
13. The final plat shall show all utility easements (i.e. telephone, power, etc.).
14. A Temporary Erosion and Sedimentations Control(TESC) plan, prepared by a
Washington State licensed Professional Engineer, shall be prepared and submitted with the site
construction plans, and shall cover all construction activities for the improvements proposed in
the plans. The TESC plan shall follow the 1998 Spokane County Guidelines for Stormwater
Management, as adopted by the City or as amended.
15. All new dry wells and other injection wells must be registered with the Underground
Injection Control program(UIC) at the Department of Ecology, prior to use. The discharge from
the well(s) shall comply with the ground water quality requirement (non-endangerment standard)
at the top of the groundwater table. Contact the UIC staff at UIC Program, Department of
Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to:
http://www.ecy.wa. gov/programs/wg/grndwtr/uic/registration/reg info.html for registration forms
and further information. Copies of the registration for drywells, which receive public road
stormwater runoff, are to be sent to Development Engineering. The City of Spokane Valley
NPDES Permit Number is WARO4-6507.
16. If applicable, the applicant shall submit written evidence of the formation of a
Homeowner's Association(HOA), to perpetually operate and maintain the on-site private
facilities.
SPOKANE COUNTY DIVISION OF UTILITIES:
17. The final plat dedication shall state: "Public sewers shall be constructed to provide for the
connection of each parcel to the County's system of sewerage. Uses on properties within the
ro ect shall be required to connect to the sewer and pay applicable charges per the County Sewer
project pY pp � g p Y
Ordinance. Sewer connection permits shall be required."
18. The applicant shall submit expressly to Spokane County Division of Utilities, "under
separate cover", only those plan sheets showing sewer plans and specifications for the public
sewer connections and facilities for review and approval. Commercial developments shall submit
historical and or estimated water usage as part of the sewer plan submittal.
19. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
20. Security shall be deposited with the Division of Utilities for the construction of the public
sewer connection and facilities and for the prescribed warranty period. Security shall be in a form
acceptable to the Division of Utilities, and in accordance with the Spokane County Sanitary
Sewer Ordinance.
HE Findings, Conclusions and Decision SUB-05-07 Page 13
21. Security shall be submitted to the Division of Utilities, prior to approval of the Sewer
Design Plans.
22. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
23. Easements shall be clearly delineated and labeled on the face of the plat as Public Sanitary
Sewer. The final plat dedication shall state: "Public Sanitary Sewer easements platted and shown
hereon shall be perpetual easements granted to Spokane County, its successors and assigns for the sole
purpose of constructing, installing, operating, maintaining, repairing, altering, replacing, removing and all
other uses or purposes which are or may be related to a sewer system including gravel access road.
Spokane County, its successors and assigns at all times hereinafter, at their own cost and expense, may
remove all crops, brush, grass or trees that may interfere with the constructing, installing, operating,
maintaining,repairing, altering, replacing removing and all other uses or purposes which are/may be
related to a sewer system. The Grantor(s)reserves the right to use and enjoy that property which is the
subject of this easement for purposes which will not interfere with the County's full enjoyment of the rights
hereby granted;provided, the Grantor(s) shall not erect or construct any building or other structure or drill
on the easement, or diminish or substantially add to the ground cover over the easement. The easement
described hereinabove is to and shall run with the land."
SPOKANE REGIONAL HEALTH DISTRICT:
24. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
25. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Spokane Valley Planning Division to the utility companies, the Spokane
Valley Engineer, and the Spokane Regional Health District.
26. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
27. Water service shall be coordinated through the Director of Utilities, Spokane County.
28. Water service shall be by an existing public water supply, when approved by the Regional
Engineer (Spokane), State Department of Health.
29. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
30. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use must be approved by the water purveyor. Said water plan must have been
approved by the fire protection district and the appropriate health authorities. The health
authorities, water supplier (purveyor), and the fire protection district must certify, prior to the
filing of the final plat, on the face of said water plan that the plan is in conformance with their
HE Findings, Conclusions and Decision SUB-05-07 Page 14
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requirements and will adequately satisfy their respective needs. Said water plan and certification
must be drafted on a transparency suitable for reproductions.
31. Prior to the filing of the final plat, the purveyor must also certify on a copy of the water
plan that appropriate contractual arrangements have been made with the applicant for
construction of the water system, in accordance with the approved plan and time schedule. The
time schedule will provide, in any case, for completion of the water system and inspection by the
appropriate health authorities prior to application for building permits within the plat. The
contractual arrangements will include a provision holding City of Spokane Valley, Spokane
Regional Health District, and the purveyor harmless from claims by any lot purchaser refused a
building permit due to failure of the applicant to satisfactorily complete the approved water
system.
32. A public sewer system shall be made available for the plat, and individual service shall be
provided to each lot prior to sale. The use of individual on-site sewage disposal systems will not
be authorized.
33. The final plat dedication shall state: "A public sewer system will be made available for the
plat and individual service will be provided to each lot prior to sale. Use of individual on-site
sewage disposal systems shall not be authorized."
34. The final plat dedication shall state: "Use of private wells and water systems is
prohibited."
35. The final plat dedication shall state: "The public water system, pursuant to the Water Plan
approved by Regional and State health authorities, the local fire protection district, and water
purveyor, shall be installed within this subdivision. The applicant shall provide for individual
domestic water service, as well as fire protection, to each lot prior to the sale of each lot and prior
to the issuance of a building permit for each lot."
r
SPOKANE COUNTY FIRE DISTRICT 1 (SPOKANE VALLEY FIRE DEPARTMENT):
36. Roads less than twenty-six(26) feet wide shall be posted"No Parking" on both sides.
37. Fire department turnarounds shall be posted"No Parking". ,
It
38. Addressing and street names need to be consistent with are streets and addresses:
a. Jessica Lane shall be named Robie Lane.
b. Jayden Lane shall be named Sharp Lane.
c. Jacob Lane shall be named Sinto Lane. v
39. If gates are proposed, a "to-scale" drawing shall be submitted. The minimum width for
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the gates shall be twenty(20) feet.
40. Two (2) new fire hydrant shall be installed; one at the northwest corner of Sharp Lane and
,
Robie Lane, and one at the northwest corner of Boone Avenue and Robie Lane.
r,
HE Findings, Conclusions and Decision SUB-05-07 Page 15 ■
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41. A detailed water plan shall be submitted that shows hydrant location and size of water
main.
AVISTA UTILITLES:
42. The final plat dedication shall state: " `Dry' utility easements shown on the herein described
plat are hereby dedicated for the use by serving utility companies for the construction, reconstruction,
maintenance, protection, inspection and operation of their respective "dry" facilities; fiber optics, cable,
phone, natural gas and electric. The rights granted herein shall prohibit: Encroachment of drainage swales
or `208 structures' when they interfere with the utilization of these easement strips by the serving utilities;
Changes in-grade that alter coverage over installed facilities; Installation of water meter boxes; Placement
of surface structures of brick, rock or masonry that interfere with the rights granted herein. The installation
of street light poles is also prohibited unless installed by the serving utility company. Utility companies
shall also have the right to trim or remove trees, bushes, and landscaping, without compensation, when they
are situated within the easement strip. This provision shall not prohibit fences or any lateral crossings of
the easement strips with domestic water or sewer lines. If the developer or his subcontractor should ditch
beyond the limits of the platted easement strips shown hereon, the easement shall then be identified by the
actual physical location of the installed utilities.
C. Prior to or during on-site construction, the applicant shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
1. A pre-construction conference meeting with Development Engineering is required prior to
the start of construction, during which meeting standards and submittal requirements for the
Construction Certification will be given to the project engineer/inspector.
2. For construction affecting public right-of-way, securely post a sign that provides
construction details at each entrance to the final plat, at least fourteen (14) days prior to
construction. The sign must be clearly visible from the right-of-way.
3. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
4. The TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to b,
the start of site work, and maintained throughout the duration of construction and until the site
has stabilized.
5. The review of Civil plans and supporting documents cannot proceed until an application
for a grading permit has been received.
SPOKANE REGIONAL CLEAN AIR AGENCY:
6. Dust emissions during demolition, construction, and excavation projects shall be
controlled. This may require the use of water sprays, tarps, sprinklers or suspension of activity
during certain weather conditions.
HE Findings, Conclusions and Decision SUB-05-07 Page 16
4
7. Measures must be taken to avoid the deposition of dirt and mud from unpaved surfaces
onto paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken
immediately to clean these surfaces.
8. Debris generated as a result of the project shall be disposed of by means other than burning.
9. Spokane Clean Air strongly recommends that all traveled surfaces (i.e. ingress, egress,
parking areas, access roads, etc.) be paved and kept clean to minimize dust emissions.
10. If objectionable odors result from the project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
11. Special attention should be given to proper maintenance of diesel powered construction
equipment, to reduce the impact of diesel exhaust, a suspended carcinogen.
12. A Notice of Construction and Application for Approval must be submitted and approved
by Spokane Clean Air prior to the construction, installation, or establishment of an air pollution
source. This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas
heating equipment units rated at 4 MMBTU/hr or higher(input), and heating equipment units
fired with other fuels (e.g. diesel) rated at 1 MMBTU/hr (input) or higher. Contact Spokane
Clean Air for a Notice of Application.
13. A Notice of Intent shall be submitted to Spokane Clean Air prior to any demolition
project or asbestos project. An asbestos survey must be done by an AHERA accredited building
inspector prior to the demolition or renovation of buildings to determine if asbestos-containing
material is present at the site. Contact Spokane Clean Air for a Notice of Intent application.
WASHINGTON STATE DEPARTMENT OF ECOLOGY:
14. The applicant is encouraged to use construction products containing recycled and non-toxic
materials whenever possible, to reuse and recycle all leftover construction materials, and reduce
waste generated and practice "Green Building"principals in all aspects of the project. Recycling
construction debris is typically less expensive than disposal.
15. It is preferable to leave existing vegetation undisturbed for both aesthetic and practical
reasons. However, if vegetation must be removed the applicant is encouraged to dispose of it at a
compost facility or replant it elsewhere.
16. Proper erosion and sediment control practices must be used on the construction site and
adjacent areas to prevent upland sediments from entering surface water. Local stormwater
ordinances will provide specific requirements. Also refer to Stormwater Management Manual for
Eastern Washington
http://www.ecy.wa.gov/programs/wq/stormwater/eastern_manual/manual.html). All ground
disturbed by construction activities must be stabilized. When appropriate, use native vegetation
typical of the site.
HE Findings, Conclusions and Decision SUB-05-07 Page 17
17. All new dry wells and other injection wells must be registered with the Underground
Injection Control program(UIC) at Department of Ecology prior to use, and the discharge from
the well(s) must comply with the ground water quality requirement (nonendangerrnent standard)
at the top of the ground water table. Contact the UIC staff at UIC Program, Department of
Ecology, PO Box 47600, Olympia, WA 98504-7600, (360-470-6143 or go to
(htt.://www.ec .wa.lov/.rocrams/w />rndwtr/uic/re_istration/re zinfo.html) for registration
forms and further information.
18. A Stormwater Pollution Prevention Plan for the project site may be required and should be
developed by a qualified person(s). Erosion and sediment control measures in the plan must be
^ implemented prior to any clearing, grading, or construction. These control measures in the plan
must be effective to prevent soil from being carried into surface water by stormwater runoff.
Sand, silt, and soil can damage aquatic habitat and are considered pollutants. The plan must be
upgraded as necessary during the construction period.
19. Proper disposal of construction debris must be in a manner that debris cannot enter the
natural stormwater drainage system or cause water quality degradation of surface waters.
Dumpsters and refuse collection containers shall be durable, corrosion resistant, non absorbent,
nonleaking, and have close fitting covers. If spillage or leakage does occur, the waste shall be
picked up immediately and returned to the container and the area properly cleaned.
DATED this 14th day of March, 2008
CITY HEARING EXAMINER PRO TEM
Mic 4 el C. Dempsey, WSBA#: 0
1
HE Findings, Conclusions and Decision SUB-05-07 Page 18
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.
p 90 of the Spokane Valley Municipal Code (SVMC), which is
part of the City of Spokane Valley Uniform Development Code (UDC), the decision of the
Hearing Examiner on an application for a preliminary plat is final and conclusive unless
within twenty-one (21) calendar days from the date of issuance of the Examiner's decision,
a party with standing files a land use petition in superior court pursuant to chapter 36.70C
RCW. Pursuant to chapter 36.70C RCW, the date of issuance of the Hearing Examiner's
decision is three (3) days after it is mailed.
This decision was mailed by regular mail to the Applicant, and to all government
agencies and persons entitled to notice under Section 17.80.130(4) of the UDC, on. March
14, 2008. The date of issuance of the Hearing Examiner's decision is therefore
March 17, 2008. THE APPEAL CLOSING DATE IS APRIL 7, 2008.
The complete record in this matter, including this decision, is on file during the
appeal period with the Office of the Hearing Examiner, Third Floor, Public Works
Building, 1026 West Broadway Avenue, Spokane,Washington, 99260-0245; and may be
inspected by contacting Leslie Busch at (509) 477-7490. The file may be inspected during
normal working hours, listed as Monday-Friday of each week, except holidays, between the
hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected at the
City of Spokane Valley Department of Community Development-Planning Division, 11707
E. Sprague Avenue, Spokane Valley, WA, 99206; by contacting Micki Harnois at (509)
921-1000. Copies of the documents in the record will be made available at the cost set by
the City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision SUB-05-07 Page 19